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Adams on Africa | Issue 2

Issue 2 of the Adams on Africa Newsletter by Adams & Adams Attorneys - with a focus on legislation, intellectual property, business and commercial news in Africa, especially in East Africa.

Issue 2 of the Adams on Africa Newsletter by Adams & Adams Attorneys - with a focus on legislation, intellectual property, business and commercial news in Africa, especially in East Africa.

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THE UPS & DRONES OF TECHNOLOGY<br />

IN AFRICA<br />

<strong>Africa</strong> is an early adopter when it<br />

comes to utilising dr<strong>on</strong>e technology.<br />

We look at what’s happening in East<br />

<strong>Africa</strong> and an SA expert weighs in<br />

<strong>on</strong> the regulati<strong>on</strong>s guiding this<br />

growing technology.<br />

The East <strong>Africa</strong> Community (EAC), a customs and<br />

comm<strong>on</strong> market uni<strong>on</strong> that allows the free movement<br />

of people and goods between Burundi, Kenya, Rwanda,<br />

Tanzania, Uganda and South Sudan, is promoting<br />

enlightened integrative, ec<strong>on</strong>omic and pro-growth policies to<br />

give local and internati<strong>on</strong>al entrepreneurs the c<strong>on</strong>fidence to<br />

invest in the regi<strong>on</strong>.<br />

Much like the rapid growth in mobile ph<strong>on</strong>e technology in<br />

the new millennium, a similar tech revoluti<strong>on</strong> is underway.<br />

Its beginnings are in Rwanda with the design, testing and<br />

deployment of commercial dr<strong>on</strong>e technology.<br />

RWANDA ON THE RISE<br />

One of the advantages of rapidly adopting new technology is<br />

that it allows <strong>on</strong>e to leapfrog the current status quo. In the<br />

late 90s, just before the mobile ph<strong>on</strong>e revoluti<strong>on</strong> was starting<br />

to take hold, it was estimated that there were more fixed-line<br />

ph<strong>on</strong>es in Manhattan than across the entire <strong>Africa</strong>n c<strong>on</strong>tinent.<br />

Today, the c<strong>on</strong>tinent has more mobile subscribers than the<br />

USA and the total value of the industry in <strong>Africa</strong> is estimated at<br />

US$70 billi<strong>on</strong>.<br />

Keeping an eye <strong>on</strong> Dr<strong>on</strong>e and Artificial Intelligence<br />

Law in South <strong>Africa</strong> are Andrew Molver and Gabrielle<br />

Dewey of <str<strong>on</strong>g>Adams</str<strong>on</strong>g> & <str<strong>on</strong>g>Adams</str<strong>on</strong>g>. For assistance, c<strong>on</strong>tact<br />

Gabrielle Dewey Gabrielle <strong>on</strong> dewey@adamsadams.com<br />

Under the leadership of Rwanda’s Paul Kagame, dubbed “the<br />

Digital President”, his cabinet has implemented a forwardthinking<br />

aviati<strong>on</strong> and ICT policy, and it has come at an<br />

opportune time. Rwanda and the greater EAC regi<strong>on</strong> have a<br />

historical legacy of poor road infrastructure. The cost of getting<br />

goods from A to B can be astr<strong>on</strong>omical, and delivery times<br />

can be protracted at best. So it would make sense to explore<br />

alternative, cheaper and faster ways of transporting goods<br />

across the regi<strong>on</strong>.<br />

One of the challenges with the testing of commercial dr<strong>on</strong>e<br />

IMAGES: Katy Harris/ Foster+partners<br />

technology in the developed markets of the west has been<br />

the extremely busy air traffic. C<strong>on</strong>versely, <strong>Africa</strong> has relatively<br />

little air traffic and let’s not forget it’s sizeable (you can fit<br />

most of western Europe into the C<strong>on</strong>go Basin) and has a low<br />

populati<strong>on</strong> density outside the major cities, making it a much<br />

safer and more sensible place to test commercial dr<strong>on</strong>e routes.<br />

This combinati<strong>on</strong> of open skies and open-minded policymaking<br />

has led some of the world’s leading avi<strong>on</strong>ic and dr<strong>on</strong>e<br />

tech companies setting up shop in Rwanda. Foster+Partners,<br />

a leading UK design firm, is building Rwanda’s first dr<strong>on</strong>e port,<br />

with additi<strong>on</strong>al ports to be completed by 2020. The dr<strong>on</strong>e<br />

port c<strong>on</strong>sists of two “terminals”. The Red Line will use smaller<br />

dr<strong>on</strong>es for the delivery of medical and emergency supplies<br />

across the country, while the Blue Line will transport larger,<br />

high-value payloads including spare parts, electr<strong>on</strong>ics and<br />

ecommerce deliveries. The Blue Line will help cross-subsidise<br />

the Red Line, ensuring the port is commercially sustainable.<br />

REASSESSING THE REGULATIONS<br />

While the dr<strong>on</strong>e business is expanding, not <strong>on</strong>ly in <strong>Africa</strong> but<br />

also across the globe, there are <strong>on</strong>ly a handful of training<br />

providers, which has resulted in thousands of uncertified and<br />

illegal pilots taking to the skies. Braam Botha, Chief Operating<br />

Officer at UAV Industries, a South <strong>Africa</strong>n company that’s been<br />

certified to operate dr<strong>on</strong>es and train dr<strong>on</strong>e pilots, says the<br />

sector’s in urgent need of upskilling and compliance.<br />

“As the first dr<strong>on</strong>e operator in <strong>Africa</strong>, we know it’s important<br />

to promote proper educati<strong>on</strong> and awareness,” says Botha.<br />

“You can’t fly a plane without a licence, so you also shouldn’t<br />

operate a dr<strong>on</strong>e outside of the legal framework. You need<br />

a pilot’s licence and an operating certificate, while the dr<strong>on</strong>e<br />

needs to be certified as well.”<br />

He points out that there remain many positive uses for<br />

dr<strong>on</strong>es, especially in a commercial c<strong>on</strong>text. “You can<br />

create business value, foster social upliftment or use it for<br />

envir<strong>on</strong>mental purposes such as anti-poaching and erosi<strong>on</strong><br />

management. As dr<strong>on</strong>es become more accessible to a wider<br />

audience, we need to ensure that the industry grows in a safe<br />

and integrated manner.”<br />

As the interest in this technology increases, it’s inevitable<br />

that legislati<strong>on</strong> will be crafted around its various uses. It’s an<br />

exciting time in tech and certainly a great trend to keep our legal<br />

eyes <strong>on</strong>.<br />

“<br />

You can create business value,<br />

foster social upliftment or use<br />

it for envir<strong>on</strong>mental purposes<br />

such as anti-poaching<br />

and erosi<strong>on</strong> management.<br />

As dr<strong>on</strong>es become more<br />

accessible to a wider<br />

audience, we need to ensure<br />

that the industry grows in a<br />

safe and integrated manner.

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